Gambling Frequently Asked Questions
1. Do I need a gambling licence?
The Gambling Act 2005 prohibits all types of gambling unless the gambling takes place under the terms of a licence or unless it falls within an exemption provided for in the Act itself.
Gambling means any game of chance e.g. roulette or any game where skill and chance are combined e.g. poker. A game that is purely skill e.g. a quiz is not covered by the Gambling Act 2005.
There are exemptions for certain types of low level gaming including:
- Poker in alcohol licensed premises – although this is still very heavily regulated
- Low level bingo in alcohol licensed premises
- Certain low level gaming for good causes
- Private gaming
- Certain lotteries including work lotteries; private members club only lotteries; tombolas; and non commercial lotteries incidental to an event like a fete
- Prize competitions
- Dominoes and cribbage
2. What kind of licence do I need?
The regulator is the Gambling Commission. The Commission issues operator licences and personal licences.
The Licensing Authority is the Moray Licensing Board. The Board issues premises licences and certain permits as set out below.
An operator’s licence is required from the Commission before a premises licence can be obtained from the Licensing Authority.
3. How do I apply for a licence/permit under the Gambling Act 2005?
The Licensing Authority is the Moray Licensing Board.
Contact the Licensing Department for application forms and guidelines.
4. What Gambling Licences and permits does the Licensing Authority Issue?
• Betting premises licences
• Race tracks
• Casino premises licences (these are currently not available without further legislation)
• Bingo premises licences
• Adult Gaming Centre premises licences
• Family Entertainment Centre (FEC) premises licences
• Unlicensed family entertainment centre (uFEC) gaming machine permits
• Club machine permits
• Club gaming permits
• Licensed premises game machine permit (including registration for automatic entitlement)
• Prize gaming permits
• Small Society lottery registrations
5. What are the Gambling Act 2005 Objectives?
• Preventing gambling from being a source of crime and disorder, being associated with crime and disorder or being used to support crime.
• Ensuring that gambling is conducted in a fair and open way and
• Protecting children and other vulnerable persons from being harmed or exploited by gambling
6. Who can apply for a Premises Licence?
An application may be made by persons (which includes companies or partnerships)
• Who are 18 years of age or over
• Have a right to occupy the premises
• who hold or have applied for an operating licence issued by the Gambling Commission authorising the proposed activity
7. Will I need to advertise my premises application?
Yes the premises application will need to be advertised in the local paper on at least one occasion during the period of ten working days starting with the day after the application is made to the Licensing Authority.
You will also need to display a white A4 notice on the exterior of the premises which is visible to passing members of the public, for a period of no less than 28 consecutive days starting on the day on which the application is made to the Licensing Authority The prescribed notice (which must be used) can be obtained from the Licensing Authority. This form can also be used as a pro-forma for the notice to be published in the local newspaper.
8. What do the premise plans have to show?
All premises plans have to show
• The extent of the boundary or perimeter of the premises
• Where the premises include, or consist of, one or more buildings, the location of any external or internal walls of each such building
• Where the premises form part of a building, the location of any external or internal walls of the building which are included in the premises.
• Where the premises are a vessel or a part vessel, the location of any part of the sides of the vessel, and of any internal walls or the vessel, which are included in the premises.
• The location of each point of entry to and exit from the premises, including in each case a description of the premises of the place from which entry is made or to which the exit leads
9. Who can make a representation to my premises application?
Responsible Authorities, neighbouring residences/businesses and elected Councillors of wards likely to be effected
10. What happens if my premises application receives representations?
If relevant representations are made to the application from the responsible authorities or neighbouring residence a hearing will be arranged before the Licensing Board to determine the application.
If no representations are received in the consultation time the licence will be issued.
11. Who are the Responsible authorities?
The Gambling Commission
Victoria Square House
The Chief Constable of Police Scotland
Moray Sub Division Headquarters
Scottish Fire and Rescue Service
Legislative Fire Safety Officer
Elgin City Fire Station, Wards Road
Elgin, IV30 1NL
The Gambling Commission
Victoria Square House
S0836 PO Box 3900
Protect Children from Harm
Children and Families Division of the Community Services Dept of Moray Council is the body nominated to advise the Board about the protection of children from harm.
The Moray Council
- Chief Executive’s Department
- Building Standards Manager
- Development Control Manager
- Environmental Health Manager
Council Offices, High Street
Elgin, IV30 1BX
12. Can my Licence/permit be reviewed?
Yes a review may be called from a Responsible Authority or interested parties with relevant representations.
A Licensing Board hearing will be arranged to determine to review of the licence/permit.
13. Do I have to keep my new licence on the premises?
Yes the holder of a premises licence has to -
Keep the licence on the premises and arrange for the licence to be made available on request to –
• A Constable
• An Enforcement Officer or
• An authorised Local Authority Officer
It is also a Mandatory condition attached to the premises licence that the Summary to the terms and conditions of the premises licence shall be displayed in a prominent place within the premises